Studied by 23 people
Updated before every must-know facts quiz for an eventual total of 180 facts
What did Marbury v Madison do?
1803; gave the U.S. supreme court the right of judicial review
What did Brown v Board of Education do?
Topeka (1954), made public school segregation illegal
Where does each political party fall?
Republicans are on the right, democrats are on the left, and moderates are in the middle
What did McCulloch v Maryland do?
It upheld the elastic clause and the supremacy clause of the constitution.
Did the anti-fedrealists oppose the constitution?
Yes, they did (please remember that)
What did the Declartion of Independence do?
It justified the colonies’ decision to become an independent nation and listed grievances against the King.
Describe how the Hourse of Representatives and Senate chose their respective members.
Representation in the House of Representatives is based on population and representation in the Senate is based on equality. This is a part of the Great Compromise reached during the Constitutional Convention.
Who is the primary author of the US constitution?
James Madison
Why did the Anti-Fedralists eventually agree to support the constitution?
They agreed to support ratification of the constitution after the passage of the Bill of Rights (the first 10 amendments).
What did the Anti-Federalist paper Brutus #1 do?
It argued that a confederation of 13 state governments would better protect the people’s liberty than one, strong central government.
True or False: The Anti-Federalists considered the Bill of Rights a limit on the power of government.
True; the Anti-Federalists considered the Bill of Rights a limit on the power of government
What was the rule to add an amendment to the constitution?
It must be proposed by 2/3 of Congress and approved by ¾ of the states.
What provided the first from of government to the United States?
The Articles of Confederation provided the first from of government in our Nation’s History.
What was the result of Shay’s Rebellion?
Shay’s Rebellion demonstrated the need for a stronger central government than that provided by the Articles of Confederation.
What are the three major concepts of the U.S. Constitution?
Seperation of Powers, Checks and Balances, and Federalism
Who were the three primary authors of the Federalist Papers?
Madison, Hamilton, and Jay
What was Madison concerned about?
Madison was concerned about the tyranny of the majority (masses).
What did Federalist #10 do?
Federalist #10 argued that factions could be controlled in a large republic through separation of powers and federalism.
What did Federalist #51 do?
Federalist #51 outlined the need for checks and balances between the three branches of government.
What does Article 1 of the U.S. Constitution do?
Article 1 of the U.S. Constituion grants Congress enumerated, delegated, expressed, and stated powers.
What are implied powers?
Implied powers are those powers suggested by the expressed powers.
What did the elastic clause do?
The Elastic Clause gives Congress the power to make all laws deemed necessary and proper to exercise its other powers.
Where are inherent powers mentoned in the Constitution?
Inherent powers are not specifically mentioned in the Constitution but naturally belong to any sovereign government.
What are reserved powers?
Reserved powers are those that are held for the states (conduct elections, establish public schools and local governments).
What does Article V of the Constitution require?
Article V of the Constitution requires 2/3 of the state legislature to approve the request for a national convention for a constitutional amendment. Amendments must be ratified by ¾ of the state legislature of state constitutional conventions.
What does the 10th amendment say?
The 10th amendment says that powers not given to the federal government nor denied to the states are reserved for the states.
What is double jeopardy?
Double jeaporday means you cannot be tried twice for the same crime (due process clause).
What does the 5th amendment say?
The 5th Amendment says that you cannot be forced to testify against yourself.
What are the requirements for Presidency?
35 years old, 14 years of U.S. citizenship, and to be natural born.
What is the order of Presidential succession?
The order of Presidential succession is: Vice-President, Speaker of the House, President Pro-Tempore of the Senate, Cabinet members in order of creation, and the Governors of the states that signed the Constitution.
What is eminent domain?
The right of the government to take private property for public use with just compensation (5th amendment).
Interstate commerce and foreign trade
Congress has the power to regulate interstate commerce and foreign trade.
Who has the power to coin and print money?
Congress has the power to coin and print money.
Who has the power to establish post offices and roads?
Congress has the power to establish post offices and roads.
Who has the power to pass laws regarding immigration?
Congress has the power to pass laws regarding immigration
What powers do states not have?
States are denied the power to issue their own money, go to war, or establish a monarchy.
Can the federal government tax exports?
No, the federal government is denied the power to tax exports or favor one state in trade over the other
What are the citizens of each state entitled to?
The citizens of each state shall be entitled to the priveleges and immunities (rights) of citizens of all the states.
What is extradition?
Extradition is the process of sending a suspect or criminal back to the state from which he or she has fled.
How many members does the Senate have?
The U.S. Senate has 100 members (2 from each state)
How many members does the US House of Representatives have?
The US House of Representatives has 435 members (based on state populations reflected in the national census).
How long do senators serve?
Senators serve a 6-year term and 1/3 of the Senate is up for re-election every 2 years.
What are the requirements for being a Senator?
Requirements for Senators are: 30 years old, 9 years of US citizenship, and residency in their elected state.
How long do Representatives in the House serve?
Representatives serve a 2-year term and all members come up for re-election every 2 years.
Who decides the Presidency if there is no majority of electoral votes for one candidate?
If no candidate has a majority of electoral votes for the Presidency, the election will be decided in the House of Representatives.
Who decides the Vice-Presidency if there is no majority of electoral votes for one candidate?
If no candidate has a majority of electoral votes for the Vice-Presidency, the election will be decided in the Senate.
What kind of law can Congress not pass?
Congress cannot pass an ex post facto law (a law that applies to an action taking place before the laws was passed).
What is a writ of Habeas Corpus?
A writ of Habeas Corpus requires the police to bring all persons accused of a crime to be presented before the court to show sufficient reason to keep them in jail.
What does the 8th amendment say about bail and punishment?
All bail fines and punishments must be fair and humane (8th Amendment) (death penalty exception).
Who does the Vice President preside over and when do they vote?
The Vice President presides over the Senate and only votes in the case of a tie.
Who presides over the Senate if the Vice-President isn’t there?
In the absence of the Vice-President the president pro-tempore presides over the Senate.
What is a bill of attainder and can Congress pass one?
Congress cannot pass a bill of attainder (one that punishes a person who has not been convicted in a court of law).
What are the requirements to be in the House of Representatives?
Requirements for Representatives are: 25 years old, 7 years of U.S. citizenship, and residency in their elected state.
What is a federalist form of government?
A federal(ist) form of government shares power with both the national government and the states.
What are concurrent powers?
Powers shared by both the national government and the states are called concurrent powers. (ie…taxes, courts).
What are categorical grants?
Categorical grants are payments by the federal government issued to carry out specific activities (building airports, unemployment compensation, fighting crime).
What are block grants?
Block grants (revenue sharing) are payments made by the federal government for broad programs (community development, transportation development, youth activities) resulting in fewer strings and greater state spending flexibility.
What are mandates?
Mandates are laws directing state or local governments to take action on a particular issue.
What are unfunded mandates?
Unfunded mandates are federal laws that direct state or local governments to take action that has costs to the states not compensated for by the federal government.
What comittee is responsible for tax legislation?
All tax legislation presented to the House of Representatives is referred to the Ways and Means Committee.
Where do tax bills orginate?
All tax bills originate in the House of Representatives.
Who has the power to declare war and make peace?
Congress has the power to declare war and make peace.
Describe the Speaker of the House and their role.
The Speaker of the House is the constitutional officer of the House of Representatives. He is elected by a majority vote of House members. The Speaker grants members permission to speak, assigns legislation to committees, and helps appoint members to committees.
What are appropriations?
Appropriations are funds set aside for specific purposes in the budget.
What is created to deal with investigations/special issues?
Select committees are created to deal with special issues (usually investigations).
What makes up a joint committee?
Joint committees are made up of members of both the House and the Senate.
What is a conference committee?
A Conference Committee is a temporary joint committee that meets to work out a compromise between both houses on the content of a particular bill if the House and Senate pass different versions. A majority of both houses must pass the new version.
What is the most major consideration for committee assignment?
The major (but not only) consideration for committee assignment in Congress is seniority.
What is the CBO?
The Congressional Budget Office (CBO) is a congressional agency that prepares Congress’ version of the National Budget.
What check does the executive branch have on Congress?
The President can veto a bill of Congress but Congress can override the veto by a 2/3 vote of both houses.
What is the GAO and its purpose?
The General Accounting Office (GAO) watches over the spending of funds appropriated by Congress.
Who has the power to lay and collect income tax?
Congress shall have the power to lay and collect taxes on incomes (16th amendment).
What is a filibuster?
A filibuster is an unlimited debate in the Senate.
What is a vote of cloture?
A vote of cloture forces an end to debate and requires 60 votes in the Senate.
Who decides how the vote/debate shall be taken in the House?
The House Rules Committee decides on how the vote/debate shall be taken in the House of Representatives.
Who is appointed by the President and approved by 51% of the Senate?
All federal judges, cabinet members, ministers, military officers, ambassadors, and counsels are appointed by the President and approved by 51% of the Senate.
How does a bill become a law?
For a bill to become a law, identical versions must pass both houses of Congress (Senate and House) by a majority vote.
What is pork barrel spending and what does it result in?
Pork Barrel spending awards projects and grants to a member’s home district or state. Pork can result in jobs and votes.
Define oversight.
Oversight is the term used to describe Congressional regulation of (watching over) government agencies.
What powers has Congress given to the President?
Over time Congress has given delegated powers to the President (for example: increasing his/her warmaking power)
WHat does Federalist #70 do?
Federalist #70 defends a stronger executive branch.
Who needs to approve/sign treaties?
All treaties are signed by the President and approved by 2/3 of the Senate.
What is a pocket veto?
If a bill is presented to the President for signing and no action is taken by either Congress or the President before the Congressional session is over the bill fails by what is called a pocket veto.
What does the 25th amendment say?
If the President becomes temporarily mentally ill or assassinated the Vice-President will assume the office of the Presidency (25th amendment).
Who enforces the laws of the United States?
The President enforces the laws of the United States.
What is impeachment and how does it work?
Impeachment is to bring charges against the President. The House of Representatives charges the President, the Senate sits in judgment to remove the President, and the Chief Justice of the U.S. Supreme Court presides over the proceedings.
Who has the power to impeach federal judges and who has the power to remove them?
The House of Representatives has the power to impeach federal judges (with a 51% vote) and the Senate has the power to remove federal judges (with a 2/3 vote).
Who determines the number of federal courts and their jurisdiction?
Congress determines the number of federal courts and their jurisdiction.
Who approves federal spending?
Congress has the power to approve federal spending (the budget) by a majority vote.
Who gives the State of the Union address and what is stated during the address?
During the yearly State of the Union address the President sets forth the policies and agenda that he or she wishes to enact.
Who has the expressed power to recommend legislation?
An expressed power of the President is to recommend legislation.
What does diplomatic recognition mean?
To officially accept the representative of another nation means to be granted diplomatic recognition by the President.
What amendment limits the President to two terms?
The 22nd Amendment limits the President to two elected terms.
What kind of orders can the President issue?
The President issues Executive orders, which have the force of law.
What increased the President’s war-making powers?
The Gulf of Tonkin Resolution increased the President’s war-making powers.
Why was the War Powers Act passed?
The War Powers Act was passed to curb the President’s war-making ability as the Commander in Chief.
Can the President make agreements with other nations without the approval of Congress?
Yes, the President has the power to make executive agreements with other nations without congressional approval.
What causes inflation?
Inflation occurs when too much money chases too few goods (prices rise).
What is a recession?
A recession is an economic downturn.
What is fiscal policy?
Fiscal policy is a set of government spending and taxing policies, controlled by Congress.
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Flashcard (41)